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Home My WebLink About1995-19 To Change the Zoning of 67 Properties in the Town of Vail from their Current Zoning to the Natural Area Preservation District, Outdoor Recreation District, or the General Use District and Add Golf Courses as a Permitted Use'~ ORDINANCE NO. 19 Series of 1995 AN ORDINANCE TO CHANGE THE ZONING 01= fi7 PROPERTIES IN THE TOWN OF VAIL FROM THEIR CURRENT ZONING TO THE NATURAL AREA PRESERVATION DISTRICT, OUTDOOR RECREATION DISTRICT, OR THE GENERAL USE DISTRICT (SEE EXHIBITS A, B, & C} AND ADD GOLF COURSES AS A PERMITED USE FOR THE OUTDOOR REGREATION DISTRICT, SECTION 1$.33.020. WHEREAS, the Town Council has approved an Open Lands PEan which included a provision to review and where appropriate rezone open space parcels to address legal non conforming uses, improve protection of sensitive natural resources, and to ensure the appropriate zoning of outdoor -recreational areas; WHEREAS, the proposed zoning changes would be in concert with the policies and goals of the Vaii Land Use Plan and Comprehensive Open hands Plan to protect the quality of the environment; protect open space; improve summer recreational activities; and to allow for the quality of development to be maintained and upgraded whenever possible; WHEREAS, the proposed down-zonings to the Natural Area Preservation District will help protect sensitive natural resources in the Tawn of Vail which is an objective of the Town as stated in the Vail Land Use Plan, Comprehensive Open Lands Plan, and Environmental Strategic Plan. WHEREAS, the proposed zone changes #o the OR District will allow the community to improve summer recreational opportunities which is a goal of the Vail Land Use Plan. WHEREAS, the proposed up-zoning to the General Use District will allow existing buildings to better make improvements to their structures and allow the quality of the development to be better maintained and upgraded through an orderly planning process. WHEREAS, this rezoning will help ensure that development does not occur where it is inappropriate because of natural constraints (e.g., hazards, wetlands, riparian areas, critical habitats while also providing the opportunity far the orderly development of properties where development is appropriate. Ordinance No. t9, Series of 1995 • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: 1. The Town Council finds the procedures for amending the zoning for the properties identified in Exhibits A, B, & C, as set forth in Section 18.66.100-18.66.180, of the Vail Municipal Code have been satisfied. 2. The Tnwn Council hereby makes the amendments as indicated in Exhibit A to the Town of Vail Official Zoning Map. 3. The Town Council hereby adds gaff courses to the list of permitted uses in the Outdoor Recreation District as stated in Section 18.33.020 of the Tawn of Vail Municipal Code. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the vaiidiiy of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal ar the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under ar by virtue of the provision repealed ar repealed and reenacted. The repeal of any provision hereby shag not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resn[utions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, ar part thereof, theretofore repealed. 2 ~rdlnance Na. 19, Series of 2995 ~. ! ~ ~ INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE iN !"ULL, this 17th day of October, 1995. A public hearing shaii be held hereon an the 7th day of November, 1995, at the regular meeting of the Town Caunci! of the Town of Vail, Colorado, in the Municipal Building of the Tawn. ~ ~u -~. Margaret A ~sterfoss, Mayor Q `~,.~~`~`~~G~~[~1 0~ "L ~~y~i. ATTEST: ~ qi~ ~~ = U E ~ ~ C , 1C5-~~ ~ , C ~t~ ti ~z Lori Aker, Deputy Town Clerk %, ~~~'~~~ii ~~LORA~~~~~a° READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of November, 1995. ~. ~~ Margaret A~s, Mayor U ATTEST: ~~. ~~ Lori Aker, Deputy Town ~~~~~~0~ jN Or ..,~~~if y~l ~~~~ `~.~.,/ ~~~~iq,CdC 0RAp0~~a~~`' 3 Drdinance No. 19, Ser£es of 1995 Exl~ibitA 1 Property NumRter 1 ~2 3 4 5 6 7 8 r- Ordinat~cc 1Vumi}cr 19, L.egai DescNptlon and i Address of Property Lots 5, 6, 7, 8, 9,10, 12, Vail Meadows, Filing 2 5175 Maln gore Drhre South, Vail Meadows Filing 1. A parcel of land located in the southwest 114 of the northwest 114 of sectlon 18, township 5 south, range 79 west of the 6th p.m. Bounded by lots 18,19,21, 8 22, Vail Meadows Fling 1, the USFS, and Recreation Area Bighorn Park. A Parcel of land situated in the SE 1!4 of Section 12, TSS, R80W of the 6th P.M. Eagle County, Colorado. Recorded in back 268, page 847. Eagle County Records. Tract D, Bighorn Townhouses Sutxfivision Tract C, Bighorn Townhouses Subdivision Unplatted land South of Courlside Townl3omes. Bounded by Mountain Meadows Subdivision to the North, aril by the USFS to the South, East, and West. Recorded in back 659, page 32. Eagle County Records. Unplatted land south of Forest Glen SubcGvlsian. Bounded by Timber Falls Condominiums to the East, Unplaried Lands to the North, and West, and the USFS to the South, Recorded ]n book 659, page 32. Fag1e County Records. Unplatted land South of Lots 1-4, Black 2, Bighorn 1st Addition. Bounded by the USFS to the Satth. Recorded in book G59, page 32. Eagle county Records. Series of 1995 Property owner and Assessors Parcel Nutrd~er Town of Vail .2099-182-16-003 (5} 2099-182-16-004 (6} 2099-182-16-005 (7j 20:19-182-16-010 (8} 2099-182-16-009 (9} 2099-182-16-008 (10} 2099-i82-16-006 (12} Town of Vail 2099-182-00-002 Town of Vail 2101-124-00-002 Town of Vail 2101-124-02.009 Town of Vail 2101-124-02-009 Town of Vail 2101-124-00-Ot>9 Town of Vail 2101-123-01-OOi Town of Vail 2101-111-00-004 Unique Features and CotnmentslHazards Natural Riparian Area. Hazards: Floodplain Wooded Area, Steep Hillsides. Hazards: Medium Severity Rockfall Park Area and Stream Tract. 6.43 acres. Hazards: Floodplaln, Blue Hazard Avalanche zone .49 acres. Hazards: Red Hazard Avalanche zone, Moderate Debris Flow. .45 acres. Hazards: Red Hazard Avalanche Zone aril Moderate Debris Flow. Steep Area. Needed far South Trail. #46 in OLP. 4.47 acres. Hazards: High Ftackfall and Iced Hazard Avalanche Zone. Trail Easement, Steep Hillside. 7.15 acres. Hazards: High Rockfall. Steep Hillside. 2.48 acres. Hazards: High Debris Flow and Rockfall, Red Hazard Avalanche zone Lartd USB Plan Designation i LDR LDR P Current Zoning Designation At]S AOS PAS OS AOS OS At~S OS PiJ5 AOS OS AFJS ~~ Zoning Dosigtzaflon NAPD NAPD OR OR OR NAPD NAPD NAPD l of S Property Ntamber 9 10 i1 12 13 14 15 16 L~ _egal pescHptlon and Address of property Jnplaned land Northeast of Pitkin Creek Aoadows. That portion of land currently onsd Duplex, bounded by the I-70 ~orridar to the South, Pltkln Creek deadows to the West, and USFS to the Est, Recorded in hook 339, page 807. :ogle County Records. itream Tract directly West of Pitkin :reek Park. Recorded in bank 300, gage 925, Mora particularly described as ~Ilaws: Beginning at the westerly most orner of Parcol A, thence along the outitwesterly line of Parcel A and the ortheastsrly line of Bighorn Road S 6`19'25"f=, 142.75 ft.; thence departing tie southwesterly line N 41 *22'32"E, 7.84 ft. to a point on fhe northeasterly nd southeasterly line of Parcel A; lance slang the northeasterry and outheasterly line the fallowing live curses: i) N 48"34'25" W, 66.6 ft. 2) N 2'25'00" E, i 7.25 ft. 3) N 61 *4T30" E, 4.5 ft. 4) N 49*12'10" E 77.45 h. 5} 8'29'15" E, 55,33 it. to a point on the outhweslerly Ilne o! Interstate Highway lo. 70; thence along the southwesterly ~e N 59'28'16" W, 59.01 tt.; thence eparting the southwesterly line and long the northwesterly line of Parc$I A S 6'5008" W, 227.87 ft, to the Point of sglnning racl A, Gore Creek Park Subdivision. Tract B, Gore Creek Park Subdivision r-~ ~ .~ Property Ouvner and Assessors parcel Number Town of Vall 2101-122-00-001 Town of Vail 2101-11 t-00-008 Town of Vall 2101-111-04008 iwn of Vail 01 11 04-009 Unplatied land East of Katsos Ranch. Town of Vail Bounded nn the North by Gore Greek 2101-024-00-002 and South by White River National 2101-024-00-003 Farast. Comprising of approximately 8 acres. A parcel of land lying within the Southeast one-quarter o1 Section 2, Township 5 South, Range 80 West of the Sixth Principe! Meriden , Recorded in book 264, pages 468, 470, 475. F~gle County Records. Stream Tracts A,B,C,E,& F Vaii Village- Vail Associates 11th Filing 2101-423 D4-001 {A) 2101-034-05-002 (B) 2101-023-04009 (C) 2101-434-6-002 (E) 2101-034-04-016 (F) Tract A, Vail Village 12th Filing ~ Town of Vail 2101-023-01-004 Tract B, Vaii Village 12th Filing Vail Associates 2101-034-05-402 Vail Mountain School 2101-023-00-008 17 ~ Lot 12, Black 1, Vail Village 12th Filing 2 Of S Untqua Features and CommentsMazards Sens@ivn Bighorn Sheop Winter Bangs. 5.13 acres. Hazards: Medium i]ebris Flow. Stream Vast .367 acres. Hazards: Flondplain . Stream tract dedicated to the Town by Vail plat..48 acre. Hazards; Floadplain .05 acre. I-lazards: Floadpiain Wetlands Riparian Area. Hazards: High Debris Flaw, High Rocktail, Snow Avalanche Influence zone. Land Use Gurrent Proposed Plan Zoning Zaning Designation t]eslgnadan Designation OS Duplex & NAPti NAPD OS GU NAPD 05 GU GU AQS MDMFand GU AOS NApD NAPD NAPD ream tracts. I OS I AOS ~ NAPp ~zards: Floodplain. Open 5pacel Bighorn Sheep Wintor Range, Rockfaii Ditch. Hazards: High Rocktail. Hazards: High Rocktail. Has Mountain School and Athletic Fiolds on Property. Hazards: High Severity Rockfall ~ AOS 3 At75 iP AOS NAPD NAPD GU Property Number to 19 f2D 21 I 22 23 2a 25 26 27 28 29 30 31 Legal Descrlptlan and Address of Properly Tract B, Vail Village 13th Filing Lot 11, Slpck t, Vail Village 13th Filing Tract C, Veil ViS18ge 13th Filing Tract A, Vai# Village 13th Filing Tract A, Vail Valley 4th Firing Vail Golf Course More particularly ,described in tleed book rtumbar 376, page 985. January 19, 1984. Tract F, Vail Village 7th Filing. That portion of land South of a Ilne drawn from the Southwest cornor of Lot t, Veil Village 71h Filing, to a pains approx. 151.94 feet Southwest lrom the Northwest corner of Lot 3, Vail Village 71h Filing. More perticularty shown in Fxhibit B. Tract A and Lols 9, t0, s i1, Veil Village 10th >'iting Tract F-2, Vail Villago 5th Filing Tract A, Vail Village 1st Filing Tract 8, Vail Village 1st Filing Tract G, Vail Village isl Filing Tract H, A Resubdivlslon of Tract E, Vail Village 5th Parcel B, West of Spraddlo Creak. Bounded an north by I15F5, souti! by L70 ROW, east by Spraddle Creek Subdivision, and Nest by Mountain Bell. Property owner and Assessors Parcel Number Towh of Vail 2101-034-01-001 of Vait -D34,p 1 -D12 of Vail -033-01-015 of Vail -034-03-002 of Vail -142-01-006 of Vail ~ os vair 092-OS-007 Town al Vait 2101-08i-16-004 Town of Vail 2101-0821-36-DO Town of Vail ztDi-DS2.z7-DD7 Town at Vail 2101-p82-26-001 Town of Vail 2101-062-39-004 Town of Vail Nc Parcel Number Town of Vail 2f01-053-00-012 n Uniquo Features and Commentsf Hazards Natural Riparian Area. Booth Creek runs through it. 13-89 acres, Hazards: Floodplain, Moderate Debris Flow Tennis Courts. 3.06 acres. Booth Oreek park. Hazards: Nono. Open Space, Bighorn Sheep Winter Habitat. 93.35 acres. Hazards: High Debris Flow, High Rocktall. Natural Opon Space. 13.07 acres. Wazard5: Medium ^ebris Flow. Trailhead and natural Open Space. Hazards; High Debris Flow, High Rocktall, snow Avalancho Influence Zone. 18 Hale Goff Course including Driving Range and Start Shack. Hazards: Avalanche, Debris Flow, Rocktall througnout. Hazards: High Debris Flow, Medium Rocktall and Snow Avalanche Infuence zone. Hazard on-site. Hazards: Medium Rocktall, High Debris Flaw, Aed Hazard Avalanche Zdno. Tennis Courts. Hazards: Nana Gore Creak Stream Erect. Hazards: Floodplain. Gore Creek Stream tract. Hazards: Floodplain Mill Creek Park. Hazard: Floodplain. Mill Croak runs :hrough it. Hazards: Floodplain frail head and Hooded hillside. -lazards: Moderate iebris flow, moderate •ock fall. Land Use Plan Dsaignatfon os P OS Current Zoning Deatgnatlon AOS AOS !AOS Proposed Zoning Designation NAAD OR ~NAPp OS AOS OR OS GU NAP^ P AOS 4R as OS VMP VMP VMp VMP VMP DS ~>'s AOS AOS AOS AOS AOS 405 4OS NAPA NAPD OR NAPD DR DR DR VAPD 3 of 5 .` Property Numtaer 32 33 34 35 36 I37 38 39 40 41 42 43 4d t.agal Description an Address of Properly Tract 1, Val! Village 1s Filing Tract !-!, Vail Village 1 Fling Unplatted/Mountain E Site, located east of canter fine o1 Middle Greek. bounded by USES to the north, t-7 ROW to the south, an Parcel B, 5praddls Creek Subdivision to east. Unplatted !Mountain F Site, located was# of canter Ifne nl Middle Creek. Bounded by U5FS [o the north, I-7 ROW to ilia south, Tr C, Vail Potato patch Subdivision and Solai Vail to the west. Vail Interfaith Chapel Property Vail ViNage Filing 7. Recorded in book 231, pays 94. Faglo Gounty Racorc Traci J, Vail Village F Filing Train B, VaA Lionshe 2nd Filing Lo[ 26A, Btock 7, Vai Village 1st Filing. 274 Beaver l7am Rai Tract C, Vait lionshe 2nd Filing Tract A, Vail Lionshf 2nd Filing Tract A, Vail Vitlaga Filing Tract B, Vaif Lionsha 1st Filing Tract B, Vai! l.ionshe 3rd Filing Property owner and Assessors Parcel Number Town al Vail 2101-082-04-004 Town o1 Vail 2101-082-i8-002 Town of Vail and US West 2101-064-00-001 {U5 West} 2101-084-00-Op5 (ABC School} 2101-064.00-606 (Learning Tres} Town of Vail No Parcel Number Vail Religions Foundation 2101.071-09-001 Town of Vail 2101.071-09.002 Town of Vail No Parcel Number Town o1 Vail 2101-071-13-009 Town o} Vail 2101-064-07.011 Town of Vail 2101-064-07-022 Town a1 Vail 2101-064-07-011 Town of Vail Exempt Town of Vail i^xempt -'-1 tlntqus Features and Comments! Hazards Natural Riparian Area 2.791 acres. Hazards: Floodpiain. Open Space/Courtyard Willow Park. .44 acros. Hazards: Nona. Hazards: Moderate debris flow, medium rock felt. Hazards: Moderate debris flow, medium rock fall. Vail Interfaith Chapel StrucWre covers parcel..27 acres. Hazards: None. Property behind Chapel has parking and Gore Creek Floodplaln. Hazards: Floodpiain Stream tract! Riparian area. 10.21 acres. Hazards: Floodplaln. Wetlands on property. Hazards: Floodpiain Middte Creek Stream Uact. Hazards: Flaadplain Ailfddle Creak Stroam tfaat. Ha2ard5: Ftoodptain Middle Creek Stream i tract. Pedestrian Trail. Hazards: Floodpiain Stream tract. Hazards: Floodpiain. Has path on both sides 01 bridge. Hazards: Floodpiain 4 of 5 Lana Gse Plan Designation VMP VMP PSP OS Current Zoning Desfgnallon AOS NAPD AOS A05 Proposed zoning Designation OR I OR 34-A NAPD 34-b GU 34-C NAPD (Sae exhibit C for legal desarlptions} NAPE? PSf TADS IGU p5 P OS D5 OS OS 05 OS OS AOS GU AOS NAPD P!S NAPp AOS AOS AOS NAPD NAPIJ OR AOS AOS NAPD NAPD - t Praparty Number ~45 46 47 48 49 50 52 53 54 Legal [lesctiption and Address of Property Unpiatted parcel of land, Wost of Lot 15, Vail Villas 6th Filing. Bounded on tt South by USFS, on the h cy Tract C, Vail Village 2i Filing and Sower Plant, ai to the Fast by Ofen Lyan Subdivision. Recorded Ir bask 272, page 663. F~c County Records. Tract C, Vail Patatq Patcl Subdivision Tract A, Vail Potato Patct Subdivision Tract D, Vail Poiata Pa1c1 Subdivision Unplattnd Tract North of L A-1, A-2, A-3. Lionsridga Filing. Recorded in book ; pages D180, 0181, Eagle County Records, Tract A, Lionsridga 3rd Fil Lat 1, Vall Village West, Filing 2 Lat 40, Buffer Creek Subdivision Stephens Park. Recorded in book 650, page 849. F_agle Gounty Records. property owner and Assessors parcel Number Town o1 Vall 2101-072.00-001 Town of Vail 2101-063-02-004 Vail Associates 2101-063 01-016 Vail Associates 2101-063-01-033 Town of Vail 2 t 0 i -014-00-005 Town of Vaik 2 i 03-122-05-004 Town of Vail 2103-123-06-03i Town of Vail 2143-123-02-024 Town of Vail Exempt _.J Un[qua Features and Comments! Hazards Cat Trask may be proposed an this parcel. Hazards: None Tot-lot t?. autdnor recreation far school. School would like to create a play field west of the bldg. Hazards medium ronk tall. Steep hillside. Hazards: Medium RockfalE. Steep hillside. Could make a ggod Trailhead. Hazards: Nnna. Steep Hillside. Parchased from Abe Shapiro. Hazards: High Debris Flaw, Wigh Rockfall. Wooded Hlllsido. Hazards: Wigh Rockiall Proposed Bika path. Hazards: Fiaodpiain Buffer Creek Park. Hazards: Floodplain. Now an active recreation park. Hazards: High Debris Flaw, Medium Rgckiall, Floodplain. Land Current Proposed Zoning Use Zoning f?esignatfon ', Plan besfgnation Designs OS AOS 45-A OR 45-B NAPD (See Exhibit C for legal descriptions) OS OS OS DS aS AOS AOS AOS AO5 4$-A NAPD 46-B OR 4fi-C NAP^ 46-D OR (see Exhibit C for legal descriptions) OR NAPD NAPD AOS (NAPD OS AOS OR P AOS OR P NAPD DR 5 of 5 ~~ ~ z.. .. sE ~~ a ~ ': ~ ~ ~ 1,55. R. $1 W. ~ ;: ~~ -n • '' ~ .. ~> - C,7 T' ~ ~ RD 3d' ~ _ 5 i a~l.~j' p~~~+ r K ~~ 4. Q ~~ ~ `te'a ~, ~#,;~. j r ~~ 7~ w •t. • y e t 3 M Jam' ~A ~''}_ a' ~{LJl w ~ ~ _. ~ ~ ~ ~~ ~ ~ ~~ C~ ~+ ~' z ~ ~ ~ ~ ~ ~ r w ,~ S -M ~ ~ ~ rs c d rv i Xir• Y r" ',~w~yi ~7 ~i11 §oip Lip • o zztl »M a~tiN t 1 ~ Ny _~ r N • Q ~ r a +. z ?' _ ~y ~~ - e =~" ~~ Y - ~ ~ b p 1.~ «1 ;~ ~ ~fA ~. r ` ~ r'L s,~n r`= `g~ ~' ~' m '~ l~ c ~ "..# _ ~ ~ ar ~ ~ ~ ~'~ -' r ~ ~ TT1 _ C7 ^p ,..~ Lyrb.~~CJ ~ .. , ; ;, S Q p N ' ~ y W'~ a > .~ ~ n :: I^ 1 .~,,,,~ 1 4 GGG ~ ~~ +# r n V . ~iN M it .0~ r~ /~ P yy ~9 +S -~ y x 5 4a ~ ! X~ M 1 Y+ ~ l1 Y }~ M ~ ~ N ~ ~ ~ ~ 1 ~ r Jr N ~ ~~~~. al ~ 1'. Na ~V'x7 M 9 Tt ~Y y 1 ~ r ~ • T ~ ' ...~, A •r . r `•' H ~ w ~• va ~ ~ -~ y iA' rid` ~ ~ tw ~ m 4 • ~ _ C ~ ~.. rH o ~ a a ~., ~ ~~ ~N v0~ 8 V ~ P i- y + V a ~ GO w` ~!i ,•~4~i A i .s .. .r r _ ~ '~= n r F ~ ... ~ r ~ :~ n _ 7. M~J N YT. ~ p P~ ~ V ~e M ~ 0 ~ TJ ~ xssx ~ ~ ( '~.~ p 4 P~ h t Mar ..~rgi1' M~ L- n y`~ fau ~ ~ ~'j} r t' _ ~Y YR ~ u~ V ~ ~~~ ~~~ ' ~, Exhibit C to Ordinance 19, Series of 7995 Legal Desciriptions fnr Parcels 34, 45 46; Parcel 34 - A A parcel of land located in the SE 1/4 of Section 6, Township 5 South, Range 80 West ofi the Sixth Principal Meridian, Town of Vail, Eagle County, Colorado, being mare particularly described as follows: ' feginning at a point on the easterly line of said Section 6, from which the southeast corner of said Section 6 bears 5 00°28'16" E, 686.60 feet; thence along the said easterly line N 00°28'i 6" W, 633.40 feet io a point on the northerly boundary of the said Town of Vail; thence departing said easterly line and along said northerly line lV 89°27'21" W, 185.55 feet; thence departing said northerly line S 00°28'16" E, 573.15 feet to a point on the northerly line of Interstate Highway 70; thence along said northerly line S 71°33'45" E, 196,10 feet to the Point of Beginning. Parcel 34 -B A parcel of land located in the SE 114 of Section 6, Township 5 South, Range 80 West of the Sixth Principal Meridian, Town of Vail, Eagle County, Colorado, being more particularly described as follows: Beginning at a point on the northerly line of the said Tawn of Vail which the southeast corner of said Section 6 bears S 39° 15'10" E, 1717.77 feet; thence along the said northerly line S 89°27'21" E, 1076. t i7 feet; thence departing said northerly line S 00°28'~ 6" E, 573.15 feet to a point on the northerly line of Interstate 70; thence along the said northerly line N 83°36"29' W, 826.30 feet; thence N74°21'35" W, 204.71 feet; thence departing said northerly line N 15°49'00" E, 451.50 feel to the Point of Beginning. Parcel 34 - C A parcel of land Incated in the SE 1I4 of Section 6, Township 5 Sou#h, Range 80 West of the Sixth Principal Meridian, Town of Vail, Eagle County, Colorado, being more particularly described as follows: ' Beginning at a point on the northerly line of the said Tnwn of Vail, from which the southeast earner of said Section 6 bears S 39°15'10" E, #717.77 feet; thence slang the said northerly line N 89"27'21" W, 1557.66 feet to a point an the westerly line of the SE 114 of said Section 6; thence along said westerly line S 00°47'12" E, 351.21 feet to a point on the northerly line of Interstate Highway 70; thence departing said westerly line and along said northerly line N $5°31'10" E, 204.60 feet; thence N 80° 13'06" E, 211.80 feet; thence N 84°55'50" E, 319.70 feet; thence S 79°56'28" E, 424.40 feel; thence S 69°55'21" E, 303.20 feet; thence departing said northerly line N 15°49'00" E, 451.50 feat to the Point of Beginning. Parcel 4B - B A parcel nfi land being a portion of Tract C, Block 2, VaillPatato Patch, Town of Vail, Eagla County, Colorado, as recorded in Book 233, at Page 629, Eagle County records, being more particularly described as follows: Beginning at a point on the northerly line of said Traci C, said point being also the southeasterly mast corner of Lot 2, Block 1, said Vail/Potato Patch; thence along the northerly line of said Tract C N 72°43'19" W, 141.35 feet; thence S 00°03'50" W, 208.71 feet; thence N 85°56'10" W, 208.71 feet; thence N 00°03'50" E, 38.71 feet; thence N B8°23'32" W, 162.16 feet; thence S QO°01'10" E, 274.x8 feet; thence departing the northerly line of said Tract C S 46°18'22" E, 53.76 feet to a pain? on the southerly line of said Tract C; thence along the southerly line of said Tract C N 8i°45'44" E, 362.77 feat; thence S i8°t9'S9" E, 203.94 feet to a point on the northerly line of interstate Highway 70; thence along said southerly and northerly line 226.08 fee# along the arc of a curve io the right having a radius of 3590.04 feet, a central angle of 03°14'47" and a Fong chord which bears N 71 °27'4t3" E, 226.05 feet; thence departing said northerly fine and continuing along said southerly line of Tract C N 11°17'22" W, 413.05 feet; thence departing said southerly line N 4i°57'29" W, 134.03 feet to the Point of Beginning. Parcel 46 - Parcel C A parcel of land being a portion of Tract C, Black 2, VaillPotatn Patch, Tawn of Vail, Eagle County, Colorado, as recorded in Book 233, at Paga 629, Eagle County retards, being more particularly described as follows: Beginning at a point an the northerly line of said Tract C; thence along said northerly line S 89°58'50" W, 338.55 fee#; thence S 62°34'50" W, 71.$2 feet; thence N 59°02'22" W, 0.17 feet; thence N 85°56'10" W, 347.74 feet to a paint an the westerly line of said Tract C; thence along the westerly line of said Tract C S 40°03'50" W, 141.90 feet; thence S 89°56'10" !~, 313.00 feet; thence 5 53°26'10" E, 1 i 5.00 #eet; thence S OQ°03'50" W, 71.74 feet; thence departing the westerly line of said Tract C N 78°38'12" E, 93.42 feet to a paint an the southerly line of said Tract C; thence along the southerly Gne of said Tract C N 45°30'41" W, 215.61 feet; thence N $1 °45'44" E, 314.22 feet; thence departing the southerly line of said Tract C N 46° 16`22" W, 53.7fi feet to the Paint of Beginning. Parce14.6 - f0 A parcel of land being a portion of Tract C, Black 2, Vail/Potato Patch, Tawn of Vail, Eagle County, Colorado, as recorded in Bnok 233, at Page 629, Eagle County records, being more particularly described as follows: Beginning at the southwesterly most corner of said Traci C, said point being also on the northerly line of Interstate Highway 70; thence along said nortt~arly line and the southerly line of said Tract C N 59°38'11" 1=, 311.52 feet; thence N 60°48'35" E, 40.91 feet; thence departing said northerly line and continuing along said southerly line N 05°30'01" W, 215.61 feet; thence departing said southerly line S 76°38'12" W, 93.42 feet to a point on the westerly line of said Tract C; thence along said westerly line S 00°03'50" W, 71.74 feet; thence S 59°38'20" W, 222.19 feet; thence S QO°03'50" W, 190.00 feet to the Point of Beginning. f:nassUandslznnae xh 1 ~ ~O 3 Q Q ~ ~ Q ~. ~ ~ O ~ ~ ~ 2 n to ~ ~p v~ -rt (D ED ~ C fl Q ~ -+ Q ~" ~ O D ~~ 1 CD ~ d p m x~~~ O ro ~ ~~ ~ D z m ~ tD ~- ~ ~ ~ ~ ~ a m ~ ~ ~ ~ ~ ~ a ~ D O m~ Q~ ~. a~ cQ m Q a~ -c3 p N~ D Z ~' O nQ ~a .~'~~ ~ ~cD ~ ° Qg aro ~Z ~ O o Q y o o~ ro Q ~ Q p~ S Q~~ Q CD (p o fl Ox m ~ C O cN{D ~ ~ ~ ~ Q 3 ~ CD} ~ ~ (-OD CAD ~ N a °~ gym- ~~m~~~~Q°~y~po ~ o ~ Q ~ Q m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 3 Q ~-~ ohm n~X~~Qm~ ~ ~ ~~ ~o-° ~'~ Qwo Qua ~.~ ~ --r C (Q Z Q Q Q ~--~- ~ y Q ~' Q Q O` n~~~ ~~ ' ~ Q ~ (D ~ CD ~ O- ~ iD rt O O ~ `C y ~ ~ ~ Q ~ ~ 3 C ~ 4-- ~ ~ \ '~ \ Z ~ O Q. ~ Q ~ a ~ ~ ~ O Q Q c~D ~~ ~ Q o ~ o m ro ~ o o c r,. -, l ~ Ivio a ~ r O ;-« Q _ C? ~ m ~ m ° 9O ~ Q ~ y 7 ~ ~ 4 ~ ~ ~ ~ ~ ~ ~ U1 ~ ~ ~ ~ n (D p (D ~ ~ ~ ~ O ~ ~ ~ ~ --„ 3 o~ 0 C 0 0 C ~^ 0 Z '. 4YE{V CII ICS. IVCW VI1 i11V1aC1: J4 IIIIIIIVII. Noncy Oakes, Broker. 1627 West Main, Suite 264, Bozeman, Montano, 40b-5B6- 7629. OFFICEI COMMERCIAL SPACE RESTAURANT, RETAIL, OFFICE spdce available in the Slifer Smith & Frampton Center, Benchmark Plaza Bldg. in the Avon Plaza. Please call Slifer Manoge- ment for details. 4715-1063. VAIL OFFICE SPACE for lease. 1512 sq.ff. Excellent location, adjacent to Val! Golf Course, underground perking, elevator, easy access, views. Available now. Below market rent, Call 970-476- 8324. TENANT REPRESENTATION FOR negotiating your retail and/or office tease, Including avallablllfy and com- petitive rates. Call Dave Cole, GGIM, Re/Max Vaih Inc., at 970-475-h460. RETAIL/OFFICE SPACE available for pur- chase In new River Centre project lo- cated on the Eagle River in Edwards. Building features a hotel and restaurant. Comp9efion-stammer, 1996. Calf The Prudential Gore Range Properties, Inc., aY 926-8440. HEALTH & NUTRITION NUTRITIONAL SUPPLEMEMS used by the U.S.Olympic Ski Team..Ecology safe cleaning products, natural skin care. Shaklee, of course. 949-1771. Public Notice NOTICE CONCERNING REGULAR MUNICIPAL ELECTION TOWN OF VAIL, COLORADO NOVEMBER 21,1995 NOTICE IS HEREBY GIVEN Ihdt at the regular municipal election of Iha Town of Vait to be held ai the Vall Municipal Building do Tuesday. November 21, 1995, from 7:rX1 a.m. to 7:00 p.m., there wIN be submitted to the registered qualified electors of the Town of Vail, Colorado, candidates for Town of Vall Council positions. Registered electors may vote for four council persons. The throe candidates receiving the highest number of votes shall be elected to tour year terms and the candidate receiving ihy next highest number of votes will serve for two years. The following, whose nominations have been duly certified, are candidates tar council person: JAN STRAUCH BOB FI5KE LUDWIG KURZ KEVIN R. FOLEY 608 ARMOUR ROB FORD MICHAEL D. JEWETT LOU MESKIMEN GREG AMSDEN E. B. CHESTER Also submitted to the registered qualified electors of the Town of Vaii, Colorado, wit! bathe following question: QUESTION 1. SHALL THE CWARTER OF THE TOWN OF VAIL, COLORADO, @E AMENDED TO INCLUDE AN ARTICLE'ENTITLED DESIGNATED OPEN SPACE WHICH WILL PROVIDE THAT TOWN OF VAfL OWNED PROPERTY, WHICH MEETS CERTAIN CRITERIA AND HAS BEEN SO DESIGNATED, CANNOT BE DISPOSED OF UNTlL APPROVED BY THE REGISTERED ELECTORS AT A TOWN ELECTION? Those persons who are citizens of the United States, eighteen (16) years of age or nodes, who have bean residents of the State of Colorado for thirty {30}days preceding Iha election and residents of the Town of Vaif, Caloradd,lor thirty (30) days preceding the election, and who have bean duly registered with the Town of Veit, shall be entitled to vote at said election. Thosy registered qualified electors who are otherwise fully qualified to vote on said ballot issues et said election, but who shall be absynt tram the Town of Vail on the day of said election, or who shell be unable to attend the polls, may apply in writing e1 the office of the Town Clerk ai Vail, Colorado, icr absent voter ballots at any time during regular business hours on or before 5:00 p.m., Friday, November 17, 1995. There wilt be one election precinct for said Regular Municipal Election, the boundaries of which shall be the same as those of the Town and the polling place for which shall be the Vail Municipal Building, Vail, Coorado. Tha absent voter and walk- In absent voter polling place shall also be the Vail Municipal Building, 75 South Frontage Road, Vail, Cabmdo 61657. The votes cast shall be counted an electronic (optical scan} equipment and said election shall be held and conducted, the returns thereof canvassed, and the resufls thereof declared, in the manner prescribed by law far all such regular municipal elections in the Tawn. IN WITNESS WHEREOF, the Town Councit has caused this notice to be given. TOWN OF VAEL Holly L. McCutchean Town Clerk Published in The Vail Trail on November 10 and 17, 1995 UCV CLVYMGIVI VISIISIli1 1VV. 3711V ACCORDANCE WRH CHAPTER 18A0 OF THE VAIL MUNICIPAL CODE; LOCATED AT 278 HANSON RANCH ROADILOTS A, B, AND C, BLOCK 2, VAIL VILLAGE 1ST FILING AND A PORTION OF7RACT E, VAIL VILLAGE 5TH FILING, AND SETTfNG FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Munioipal~Cade aut}lorizes spacial development districts within the Town in order to encourage tlexiblEiry in file development of land; and WHEREAS, the devylopyr, GPH Partners, Ltd. has submitted an application for the major amendment of Special Development District (SDD} No. 31, for a certain parcel of property within the Town, legally described as Lots A, B and C, Black 2, Vail Villages 1st Filing and a.portion of Tract E, Vail Village Fiffh Filing and commonly referred to as the Golden Peak House Special Development District; and WHEREAS, the proposed major amendment to the SDD is in the hest interests of the community as it meets the municipal objectives Identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance wNh Section 18.66.140, the Planning and Environmental Commission, an September 11, 1995, held a public hearing on the major amendment to Thy SDD and has submitted its recommendation td the Town Council; and WHEREAS, al€ notices as required by Section 16.66A80 have been sent to thu appropriate parties; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and benaficia! to the Town and its citizens; inhabitants, and visitors to modify the approved SDD No. 31; and WHEREAS, the Tawn Council has held a- public hearing as required by Chapter 16.66 of the Municipal Coda of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, CO€,ORApO, THAT: SECTION i. The Tawn Council finds Shat all the procedures set forth for Special Deveiopmenl Districts in Chapter 16,40 of the Municipal Cade of the Town of Vail have bean fully satisfied. SECTION 2. Spacial Development District No. 31 was established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequatetapen space, employye housing, stree[scapa improvements and other amenities, and promote the objectives of the Town's Zoning ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and them are significant aspects of the special development which cannot be satisfied through the imposision of standard zoning districts ors the area. SECTION 3. Special Development District No. 31 was established for the development on a parcel of land comprising 8,375 square feet in the Vail Village area of ihs Town; Special Development Dislricl No. 31. and said 6,375 square feat may he referred to as 'SDD No. 31". SECTION 4. The Town Council finds that the amendment to the approved development plan for SDD. No. 31 meets each of the standards sat forth in Section 18.40.480 a1 the Municipal Code at the Town of Veil or demonstrates that either one or more of them is not applicable, or that a practical solution consistem with the public interess has been achieved. In accordance with Section 18.40.040, the amendment to Iha development plan far SDD No. 31 is approved. The amended development plan is comprised of those plans submitted by Snowdon and Hopkins Architects, and consists of the fallowing documents: 1. Sheet No. A-i, dated October 25, 1993 {site plan). 2. Sheet No. A-6, dated Octobyr 25, 1993 (basymenl plan}. 3. Shoat No. A-7, dated October 25, 1993 (ground floor pfian}. A. Sheet No. A-8, dated October 25, 1993 (second flocr pEan). 5. Sheet No. A-9, dated January t2, 1995 and revised July 16, 1995 and August 1 A, 1995 (third floor plan}. e. Sheet No. A-t0, dated January 12, 1995 and revised July 18, 1995, (fourth floor plan}. 7. Shoat No. A-11, dated October 25, 1893 (fifth floor plan). 8. Sheet No. A-12, dated October 25, 1893 (roof plan). 9. Sheet No. A-13, datadJanuary f2, 1995 and revised July 18, 1995 and August 14, 1995 (building elevations). 10. Sheet No. A-14, dated October 25, 1993 (building sections}. t 1. Sheet No. A-15, dated October 25, 1993 (su nlsh ode. analysis}. i2. Sheet No. A-iG, dated October 25, 1993 (View Corridor No. 1 analysis}. 13. Other general submittal documents that define Iha development standards at Iha Special Development Distdct. SECTION 5. In addition to the Approved Development Plan described in Section 4 above, the following dyvelopment standards have bean submitted to the Planning and Environmental Commission for iss cons[deration and reoommentlation and are hereby approved by the Town Douncil; these standards are incorporated in the Approved Development Plan to prolyct Iha intagrlty of the development of SDD No, 3i; the fallowing are the development standards tar SDD No. 31: A. Lot Area -Tha lot area shall consist of approximateiy8,375squarafeel. B. Setbacks -The required setbacks shall be as indicated on the Approved Development Plans. C. Height -The maximum height of the GoEden Peak House Building shall ba as indicated an ihy Approvyd Development Plans. ' D. Density Control -Tha maximum GRFA tar the Golden Peak House shall not exceed 18,7f 5 square teat. This figure includes 2,781 square feat of excess common area that has been included in the GRFA. The approved density for Iha Golden Peak House incrudys fourteen (t4J dwelling units. Throe of the dwelling units era appravyd to have lock-offs. E. Site Coverage -The maximum site coverage for this Special Development District shall not exceed 7,674 square feet, or 94 % of the lot area, and shall ba as indicated on the Approved f1VVil1 VIFif1 V LIYf pear Irl~ SrIAL Pilyl,r Into the parking fund, tar the major SDD amendment portlan of the protect, shalt occur prlar to the Town's issuance of a Temporary Certificate of Occupancy for the praJect,according to Section 78.52.160(6,5) of the Town of Vail Munlclpat Coda. SEG710N 6. The developer, jointly and severally, agrees with the following requirements, which are a par[ of the Town's approval of this SDD No. 31: 1. That prior fo the Town's issuance of a Building Permit for iha construction of SDD No. 31, GPH Padners, Lld. shall cause to be permanently restricted, two off-site, two-bedroom, employee housing units per the Town of Vail Housing Ordinance. Each unit shaft be a minimum size of 700 square feet. The uNts shall meet iha Town of Vail Housing Ordinance requirements and such units shall be within the Town of Vail. 2. That prior to the Town's issuance of a Building Permit for the redevelopment project, the GoEden Peak House Condominium Association will contribute $32,000.00 towards the redesign and redevelopment of SeibetF Circle. The $32,OD0 contribution Towards the redevelopment of Seibert Circle shall be credited towards the Golden Peak Housy, should a future Special Improvement District be created far this project. 3. That prior to the Town's issuance of a building permit far the redevelopment project, Vail Associates, Inc., will dedicate open space to [ha Town. The minimum area of open space shelf be a[ least an equivalent area, tc that of the area of the Tract E'overhang and deck' easements. A portion of the MiEI Creek stream tract will ba dedicated 10 the Town of Vail as permanent open space and the Pirate Ship Park area of Tract E wiEl be leased to the Town of Vail for the purpose of maintaining the park. The terms of the lease are to be agreed upon by the parties. 4. Thai Iha Golden Peak House Condominium Association and Vail Associates, Inc. shall reserve a public pedestrian access, across Lot C, which is located between the Golden Peak House and Iha Hill Building, by declaration to ba recorded with Iha Eagle County Recorder: Such declaration shall be permanent and only revocable upon written agreement with the Town of Vail. The declaration of pub4ic pedestrian access shall cocur prior to the Town's issuance of a Building Permit for the project. 5. That prior to Iha Town's issuance of a Tymporary Certificate of Occupancy for the redevelppment project, GPH Partners, Ltd. shall deed restrict two three-bedroom dwelling units (Units 201 and 401) to be included in a short-term rental program, at comparably market roles, at all times when said dwelEing units are not occupied by the owner or his guests. 6. That prior to the Town's issuance of a Temporary Certificate of Occupancy for the redevelopment project, GPH Partners, Ltd, shag deed restrict, Iha remaining two lock-ofiis in the building (or equivalent), to be included in a ahort- term rental program, at comparable market rates, at all times when said lodc•offs are not occupied by iha owner or his or bar guests. 7, That prior to the Town's issuance of a Temporary Cerliticafe of Occupancy for the redevelopment project, GPH Partners, Ltd. shall deed restrict, the two accommodation units (or Aquivalent) in the building, to be included Ina shnn- term rental program, at comparable market rates, at all times when Said accommodation units are not occupied by the owner or his or her guests. 8. That the Golden Peak House Condominium Association, or their succyssars in interest, shall padicipa[e in, and shall not protest or remonstrate against„any improvement district(s) which may be established by Iha Town of Vail for the purposes of constructing improvements as set forth +n the Town of Vail Streelscape Master Plan andlor Iha Vail Transportation Masser Plan, if and when an improvement districts} is formed. 9. That the Golden Peak House Condominium Association and GPH Partners, Ltd. shall cooperate with, and shall not protest or remonstrate against, any efforts by Iha Town of Vail to establish additional view corridors or amendments to existing view corridors as enhanced by the project. Such changes and additions shall ba pursuant to the Municipal Code of the Town of Vail. 10. That the pedestrian arcade (which was originally proposed over the first floor retail windows on the north elevation), and that the original ground floor plan, which doss not include the curved mtail windows along the eastern podion of the building, be reviewed by Iha besign Review Board and included in Iha final building design, if required by the Design Review Board. 11. That GPH Partners, Ltd. further articulate the first floor "retail windows', by adding divided Sights to the Large single panes of glass. 12. That the Dasiga Review Board revew the proposed roof form overlhe main ernry on Iha north elevation, and detyrmine if the root form needs to be fowyrod. 13. That the proposed tar and gravel roof far iha building is acceptable. SECTION 7. Amendments 1o the approved development plan which do not change its substance may be approved by iha Planning and Environmental Corrimisslon at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060 and 16.A0.100. Amendments which do change Iha substance of the developmynt plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine. what constitutes a change in the substance of the devebpmant plan. SECTION $. 711e developer must begin construction of the Special Development Distriot within three (3) years from the time of its final approval, and continue diligently toward completion o1 the protect. The developer must meet the requirements of Sactlon 18.40.120 of the Municipal Coda of !ha Tawn of Vail. SECTION 9. If any part, section, sentynce. clause, or phrase of this ordinanCS is for any reason held to be invalid, such decision shall not affect the validity of ihy remaining portions of this ordinance; and the Tawn Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase ihereoi, regardlyss of the fact Ihai any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. SECTION 10. The Town Council hereby finds, determines and declares that this ordinance Is necessary and INTRODUCED, READ ON READING, APPROVED AND OR PUBLISHED ONCE IN FULL ibis 17th October, 1995. A public hearing shall be this Ordinance on the 7th day of Novemb at the regular meeting o1 the Town Courn Town of Vail, Colorado, in the Municipal BI the Tawn. TOWN( Margaret A. C Deputy To' READ AND APPROVED ON SI READING AND ORDERED PUBLISHEC IN FULL this 7th day of November, 1995. TOWN( Margaret A. C Deputy To' Published in Tho Vail Trail an November #0, #995 Public Notice ORDINANCE N0.1f1 Serlae of f 995 . AN ORDINANCE AMENDING SECTI 9.22.D10A. WHICH CONTAINS TFI DEFINITION fOR LARCENY Copies of Ibis ordinance are available f inspection in Iha office o! Iha Tawn Cled norms! business hoots. READ AND APPROVED DN SI READING AND ORDERED PUBLISH TITLE ONLY this 7th day of November, tf ` TOWN Margaret A. 0 Deputy Published in Tile Vail Trail on November 10, 195 Public Notice ORDINANCE N0.19 Serlea of 1995 AN ORDINANCE. TO CHANGE THE ZC OF 67 PROPERTIES IN YHE TOWN O FROM THEIR CURRENT ZONING TO NATURAL AREA PRESERVATION DiS1 OUTDOOR RECREATION DISTRICT, 0 GENERAL USE DISTRICT (SEE EXHIB t3 t4 C} ANR ADD GOLF COURSES A PERMRTED USE FOR THE OUTDC RECREATION D1STRlCT, SECTION 18.~ WHEREAS, Iha Town Council has e an Open Lands Plen which included a pro' review and where appropriate rezone ape parcels to address legal non conformin improve proleclion of sensitive natural re: and to ensure the appropriate zoning of -recxealional areas; WHEREAS, the proposed zoning c would be in concert with the polEcles and the Vail Land Use Plan and Comprehensil Lands Plan to protect the quality environment; protect open space; improve recreational acllvilies; and to allow for the c development !c be maintained end ul whenever poss;bfe; WHEREAS, the proposed down-zonln~, Natural Area Preservation District will boll sensitlva natural resourcys in Iha Town which is an objective of the Town as staff Vail Land Use Plan, Comprehensive Opa Plan, and Environmental Strategic Plan. WHEREAS, the proposed zone chr the OR District wi11 allow iha community to summer recreational opportunities w41id1 Is Iha Veit Land Use Plan. WHEREAS, the proposed up•zonin General Use District will allow existing but better make improvements to their structl allow the quality of the development to t maintained and upgraded through an planning process. WHEREAS, this rezoning will help en! development does not occur what inappropriate because of na;oral constrair hazards, wetlands, riparian areas, critical while also providing the opportunity far thr development of properties where devefod aPProPriale. NOW, THEREFORE, BE IT ORDAIi THE TOWN COUNCIL OF THE TOE VAIL, COLORADO, A5 FOLLOWS: 51~CTION 1. Tha Town Council finds the proced amending the zoning for the properties Ida Exhibits A, B & C, as set forth in 18.88.100-18.86.180, of the Vail Municip have been satisfied. SECTION 2. The Town Council hereby map amendmynts aS intlicaied in Exhibit A 1o tl of Vail Official Zoning Map. SECTION 3. The Tawn Council hereby adds poll cc the list of permitted uses in the Outdoor Re Dislricl as stated In Secllan 18.33.020 of tl of Vail Municipal Code. SECTION 4. If any part, section, subsection, se clause or phrase of This ordinance is for am held to be invalid, such decision shall not e validity of the remaining portions of Ibis on and the Town Council hereby declares f! wo passed this ordinance, and each part, subsection, sentence, clause or phrase regardless of the fact that any one or mop sections, subsections, sentences, cla{ phrases be declared invalid. SECTION 5. The Town Council hereby finds. deb and declares that this ordinance is Hates: proper for Iha health, safety and welfan Town of Vail and the inhabitants thereof. rs, orders, resolutions and ordinances, poi, inconsistent herewith are repealed ~t only of such inconsistency. This I not be construed to revise any bylaw, Ilion or ordinance, or part thereof, pealed. DUCED, READ ON FIRST APPROVED AND ORDERED ONCE IN FULL This 17tH day of l5. A public hearing shall be held on :e on the 7th day of November, 1995 r mooting of the Town Council a! the Colorado, in the Municipal Building o1 TOWN OF VAIL Margaret A. Ostedoss. Mayor ATTEST; Lori Aker Deputy Town Clerk 4ND APPROVED ON SECOND VD ORDERED PUBLISHED ONCE 7th day of November, 1995. TOWN OF VAIL Margaret A. DS1Bdoss Mayor lITTEST: Lori Akar Deputy Town Clerk HiBTTS A, $ & C ON RAGE 32} 'ublishexl In Th@ Vail Trail on November 10, 1995 blic Notice ORDINANCE N0.20 Salsa of 1995 IPPROPRIATION ORDINANCE: , BUDGET AND FINANCIAL PLAN NG APPROPRIATIONS TO PAY i, EXPENSES AND LIABILITIES IOWN OF VAIL, COLORADO, SCAL YEAR JANUARY 1, 1996, UGH DECEMBER 31,1996, ROVIDING FOR THE LEVY MENT AND COLLECTION OF ILOREM PROPERTY TAXES DUE R THE 1995 TAX YEAR SLE IN THE 1996 RSCAL YEAR. iS, in accordance with Anicfa IX of ~f the Town of Vail, Colorado, the Br prepared and submitted 10' the II a proposed long-range capital e Town and a proposed budget and for all Town funds arid acllvitfes for year; and ~S, notice of public hearing on the +n budget and cephal program was he 27th day of October, 1995, more days prior to the hearing held on the vambar, 1995,. pursuant to Section rter; and .S, it is necessary tar the Town ps a budget and financial plan for the gar, to make approprlaiions for the lied in the budget, and to provide for ssmont and collection of Town ad rty taxes due for the 1995 yeas and 1998 fiscal year. EREFORE, BE IT ORDAINED BY COUNCIL OF THE TOWN OF ADO, THAT: dares prescribed in Article iX of the a Tpwn of Vail, ColoraQa, for Iha aof have bean fulfilled. to Article IX of the Chador, the hereby makes the following annual for the' Tawn vi Vail, Colorado, for eginning on fire first day of January, ling on thg 31st day of December, AMOUNT $14,3479,233 Fund 11,733,545 ansfer Tax 3,390,353 Ira Fund 1,976,430 and Fund 1,558,363 tide Fund 87,306 end 1,289,440 g Fund 1,117,790 =and 345,000 abl Service Fund 34,375 nd 41,500 ante Fund 1,631,656 $37,514,991 terfund Transfers: < B-naa-sRRn dget $34,1768;623 Council Hereby adapts the full and at and Financial Plan for the 1996 ;h+3 Town of Vall, Colorado, which 1 by referenda herein and made part pies of said public records shall be to fho public In the Municpal Building urpose of deiraying part of the apical expenses of the Town of Vait, tg its 1998 tisoal year, the Town iBVie5 a property tax of 4.65 mills tr of Iha total assessed valuation of or Iha 1985 tax year of all taxable the Town, which will result in a f $1,882,057, calculated as totlows: 4.69 $1,&97,731 <,13a <50,939s Buy ~ 3F.2R5 4.65 $1,822,057 rsment shall be duly made by the a, State of Cdiorado, es directed by avised Statutes {1973 as amended), s required by law. once shall take effect five (5) days following the final passage hereof. 6. :, section, subseciipn, sentence, a of this ordinance is for any reason r own at Vail and the inhflbltamS thereof, SECTION 9. The repeal ar the repeal and reenactment of any provision of tfie.Munlcipal Code of ChB Town of Vail as provided in this ordinance shall not affect any dghl which has accrued, any duly imposed, - any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal ci any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless Bxprsssly staled heroin, SECTION 9. All bylaws, orders, resolutions, and ordinances, or parts thereof, inrnnslstent herewith are repealed to the extent only of such inconsistency. This repeater shell not be construed to revise any bylaw, order, resolution, or ordinance, or pan thereof, Ihereiofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL this 17th day of October, 1995. A public hearing shall be held on this Ordinance on Iha 7th day of Novembay 1995 at the regular meeting Of Iha Town Council of the Town of Vail, Colorado, in th9 Municipal Building of iha Town. TOWN OF VAIL Margaret A. Dateless Mayor ATTEST: Lod Aker Deputy Town Clark READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ONCE IN FULL this 7th dayof November, 1995. TOWN OF VAIL Margaret A. Osterfoss Mayor ATTEST: Lori Akar Deputy Town Clark Published In The Vail Trait an November 10, 1995 Public Notice ORDINANCE N0.21 Selea of 1995 AN ORDINANCE AMENDING SECTION 5.04A20 TRANSFER OF LICENSE AND SECTION 5.20.100 EXEMPTIONS; AND SETTING FORTH DETAILS IN REGARD-THERETO WHEREAS, the Town Council of the Town of Vail believes that it is Iha best interest of the community to allow for a transfer of the annual business license fee when a subsequent business operator assumes a business location and operates a business of ChB same category, in Iha same space as a prior business that had a current business license fee; and WHEREAS, the Town Council wishes to insure that the proceeds of special events are cpntributed fo and realized by exempt charitable organizations. NOW, THEREFORE, BE iT ORDAINED 8Y THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: SECTION 1. Section 5.04.120 Transfer of License is hereby amended to read as follows: 5.44.120 Transfer of License. If a business Is sold or transferred to a different individual, partnership or corporation after the business license fee for any given yearhas bean paid, the new owner shell pay a ens hundred dollar transfer ies, and upon payment of said fee, shall not bB required to obtain a new license or pay an additional license fee tor. Iha year of said transfer. SECTION 2. Section 5.20.100 Exemptions. A. All religious and charitable organizations shal9 be exempt from Iha IiconsB fBe and Iha sales tax deposit required by this Chapter; however, such organizations must register with the Tawn Clerk prior to any solicitation activities. B. Any fair, show or exhibit of arts, crafts or similar handEwork, any sports event, educational, recreational avant or cultural activity that is sponsored by an exempt organization as defined above may apply to the Tmt^^ ^^~~^^'I Town Manager for a special events license. Said application shall Include the name and local address of the Exempt organlzatian chat is sponsoring the evens, proposed duration, number of exhibitionists or merchants taking pan in the event, purpose of the event, goods of types of goods to be sold, a statemen4as to whether or not the applicant or its agents have ever been convicted of any crime or misdemeanor and the nature thereoi. 1. At Iha time of the filing of the application a fee of fifty dollars shall be paid to ChB TowmClerk to cover the cost of investigating Iha facts stated therein. 2. Tote~CouncA Town Manager may impose conditions on the approval of the special events license including required sanitation and clean up measures, security measures, bond to guarantee performance of any condition or to secure Iha payment sales tax due the Tpwn, Upon issuance of a special events license, individual vendors listed on Iha application will not be required 10 obtain transient vendors licenses. SECTION 3. If any part, section, subsection, senlancB, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect ChB validity of the remaining portions of this. ordinance; and the Town Council hereby declares i[ would have passed this ordinance, and eacfi part, section, subsection, sentence, clause or phrase thereof, regardless of the foot that any one or more pans, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for Fhe health, safety, and welfare of the Town of Vail and Iha inhabitants thereof. SECTION 5. The repeal or t3te repeal and reenactment of any provision of the Municipal Coda of the Tawn of Vail as provided En this ardinancs shall not aHebt any right which has accrued, any duly impoaetl, any violation that occurred prior to Iha affectlva date hereof, any prosscu[lon commenced. nor env ineretofore repealed. INTRODUCED, READ DN FIRST HEADING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL this 17th day of October, 1895. A public hearing shall ba held on this Ordinance on the 7th day of November, 1995 at the regular meeting of tits Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. TOWN OF VAIL Margaret A, Osterfoss Mayor ATTEST: Lori Aker - Deputy Town Clerk READ AND APPROVED ON SECOND REgD]NG AND ORDERED PUBLISHED ONCE IN FULL this 7th day of November, 1895. TOWN DF VAIL Margaret A. Osterfoss Mayor ATTEST: Lori Akar Deputy Town Clark Published in Tfie Vail Trail on November 10, 1995 Public Notice ORDINANCE N0.22 Serfea of 1995 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL GENERAL FUND, REAL ESTATE TRANSFER TAX FUND, PARKFNG STRUCTVRE FUND, HEAVY EQUIPMENT FUND, POLICE CONFISCATION FUND, FACILITY MAINTENANCE FUND, MARKETING FUND, AND THE PAIL HOUSING FUND, OF THE 1995 BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND AUTHORt2lNG THE EXPENDITURES OF SA1D APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 1995 which could not have been reasonably foreseen or anticipated by €ha Tawn Council at ChB lima it enacted Ordinance No. 23, Series of 1994, adopting the 1995 Budget and Financial Plan for fho Town of Vail, Colorado; and, WHEREAS, the Town has received certain revenues not budg9t8d for pravieusly; and, WHEREAS,'the Town Manager has CBrfified to the Town Council that sufficient lands are evailablB to discharge the appropriations referred to herein, not otherwise reflected in'the BudgBt, in accordance with Section 9.10(a) of the Charter of [he Tawn at Vaii; and, WHEREAS, in order 'to accomplish Iha foregoing, the Town Council finds that it should make certain supplemental appropriations as set forth hBrein. NOW, THEREFORE, BE tT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 5ECTfON #. Pursuant to Section 9.10(x) of Iha Charter of the Town of Vail, Colorado, the Town Council hereby makes ChB 'following supplemenkal appropriations for Iha 1994 Budges and Financial Plan for the Town of Vail, Colorado, and authorizes the e»<Y,renditure of said appropriations as follows: RIND AMOUNT GBnerel Fund $232,331 Police Confiscation Fund $16,750 Vail Housing Fund $159,500 Parking Structure Fund $6,137 Heavy Equipment Fund $15,848 Veit Marketing Funtl $18,290 Va€I Housing Fund - $21,892 $472,748 SECTION 2. It any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason hBld to be Invalid, such decision shall not affect the validity of the remaining portlona of this ordinance; and the Town Council hereby declares i1 would have passed this ordinance, and each part, section, subsection, sentenea, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsBCtibns, sentences, clauses or phrases be declared invalid. SECTION 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and wa]fare of the Town of Vall and Iha inhabitants thereof. SECTION 4. The repeal or the repeal and reenactment of any provision of the Municipal Cade of the Town of Vail as provided in this ordinance shall sot aHBCt any right which has accrued, any duty imposed, any violation that occurred prior to the effective dale hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repeated and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless er~ressly stated herein. SECTION 5. All bylaws, orders, resolutions, end ordinances, or parts thereof, tnconsisient herewith are repealed to the extent only of such Inconsistency. This repealer shall not Ire oonstruetd to revise any bylaw, order, resolution, or ordinance, or pan.thersof, lheretotoreropeaiad. INTRODUCED, READ ONFIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL this 7th day of November, 1995. A public hearing shall bB held on this grdlnanca do the 21st day of November, 1885 aF 5:30 p.m. in the Council Chambers o11ha Vail Municipal Building, Vail, Colorado. TOWN OF VAIL Margaret A. Osteloss .Mayor ATTEST: Lon Aker Deputy Town Clerk Published in The Vaii Trail on November 14, 1995 contribution of their time and effort in carrying out their duties and obligations as members of the Town Counoil; and WHEREAS, it is hoped that an increase fn compensation will encourage and enable a larger segmeht of the Town of Void's electorate [o ba able to contribute their lime and affon in service to the community by serving upon Town Council; and WHEREAS, it has been observed that the time commitment of Town Council members and the Mayor and the workload required to fulfill their obligations has signiticanlly increased. NOW, THEREFORE, BE 1T ORDAINED 8Y THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: SECTION 1. Section 2.48.010 and 2.46.020 shall be amended as follows: 2.48.410 Town Council. Each and Every member of the town council elected in the electldn of council members in November, 1997, and every succeeding elaciion thereafter, shall receive, effective January 1, 1998, compensation in the amount of two fEva hundred dollars par month for each and every month during his or her term of office. Thgrae}ter, eommenoing on January 1, 2092, an edJuatment shall he made to the compeneatlon In the form of en adJuated percentage, based on the moat current Denver-Baufder "Consumer Pries Index", specifically the percent Change from Iha preceding year, Thls percenage ehenge is to be made an fife compensation in the preceding year. This procedure is to be followed for each succeeding four year term. 2.48.020 Mayor. Tha Mayor, as selected by ChB elected members of the town council, In accordance with the town charter, shaif receive compensation, effective January 1, 1998, In the amount of five Aturdrod one thousand dollars par month for each and every month during his or her term of oifica. Thereafter, commencing on January 1, 2002, an adJustment shall be made to the compensation in the form of an 'adjusted percentage, based an the most current Denver-BOU1dar "Consumer Price Index", specHlcalfy the percent change from the preceding year. This percentage change Is to be made on the compensation fn Iha preceding year. This procedure Is to be followed for each aucceeding four year term. SECTION 2. Section 2.48.030 shall remain in effect without amendment. SECTION 3. If any part, section, subseClion, Sentence, clause or phrase of this ordinance is tar any reason hekf to bB invalid, such decision shall not affect the vafidiry of the remaining ponlons ofihls ordinance; and the Town Council hereby declares itwouid have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereoi, regardless of the fact that any one or mare parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 4. Ths Town Council hereby ilnds, determines, and declares That Ihls ordinance is necessary and proper for the health, safety, and welfare of Iha Town of Vall and the inhabitants thereof. SECTION 5. The repeal or the repeal and reenactment of any provision of the Municipa! Coda of iha Town of Vail as provided in this ordinance shalt not affect any right which has accrued, any duty Imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinande prevrousy repealed dr superseded unless expmssly stated herein. SECTION 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, Inconsistent herewith are repealed to Iha extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, .order, resolution, or ordinance, or part thereof, iheralotore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL this 7th day of November, 1995. A public hearing shall be held on this Ordinance on the 21st day of November, 1995 at 5:30 p.m. in the Council Chambers of the Vail Municipal Buildng, Vail, Colorado. TOWN OF VAIL Margaret A. Ostelos5 Mayor ATTEST: Lori Aker Deputy Town Clerk Published in The Vail Trail on November 10, 1995 Public Notice PLANNING AND ENVIRONMENTAL COMMI§SfON November i3,1995 AGENDA PUBLIC NEARING - 2:00 p.m. , 1. A request for an additional 250 square teat io allow for an addllidn to the Tuchman residence located at 3110 Booth Creak DrivalLot 9, Block 3, Vail Village 1191 Filing, Applicant: Mr, Tuchman. Planner. Jlm Cumutte. 2. A request for a Conditional Uae Permit to allow for a Christmas tree lot to he located at 2313 North Frontage RoadlLot 3, Block B, VaiE des Schone Filing rf 1, Applicant: Dick billing represented by Steve Llncks. Planner: George Rulher. 3. A request for a Conditional Use Perms! rd allow tar a telecommunications antenna io be installed at the Evergreen Lodge located at 250 South Frontage Read WesVLot 2, Block 1, Vail Ucnshead 2nd Rling. Applicant: David Crispin representing Destineer Corporation. Planner: George Rulher. 4. A request for a minor CCI exterior alteration ro allow for the addition of a tray window to Iha Lord Latigo Shop located in the A & D Building, 286 Gore Creek DrivelLots A-D, Block SD, Vail Village Tat Filing. a^^r^~m• oQr o.~a^^ c..^^. ,^^,....,,.^.^,~ phasing plans at The Lor development located at 2 Creek DrlvelLodges at Timh Applicant: SH Cole Cor Planner. Randy Stauda 7. A request for a w~ amendments to the Town c Chapters 16, 18 and 2 to al Iha Sign Code, Design RBVii Commercial Core II and Sup Applicant: Town of Vail Planner. RandySloudei B. A request for an ai 18.39 of the Vail Manic! Recreation} end an amentl~ approved development p redeveiopmeai of Iha Go bceted aF 485 Vafl Valley Dr 5th Filing and Tract B, Vall V Applicant: Veit Assacial David Corbht. Planner: Jlm Cumulte e TABLED UNTIL NOVE 9. 'Council Reports.' 10. Approval of Oeiebe 23, 1995 PEC minutes. The applications and Ir proposals ere available In tM office during regular off. inspection. Sign language in upon request with 24-hour r 479.2114 voice or 479-2356 COMMUi Published !n Th~ on November Public P NOTICE IS HEREBY C Review Board of the Town c hearing an November 15, 1<, Town of Vail Municipal Buiklir DBroulet -Change gams remove garage door and reph 1042 Eagles Nest Circ Village 801 Filing. Applicant: Dan Deroulet. Grace • Driveway s[gns. 1210 Weslhaven Drly SubdNishn. Applicant: Larry Grace. Vail Gateway Plaza -Sts 12 South Frontage Roai BuildinglLpt f2, Block 5D, Ve Applicant: Lea Palmos. Up The Creak - Awnli application. 223 Gore Creek Drlvel~ Village 1st Filing. Applicant: Annie Egan. Knowlton -Final review c existing PrimarylSecondery u 1999 SunburstR.ot 14, Vr Applicant: Salty Brainerd. Tuchman - Remadef la {Inducting 250) to Iha bufldng. 3110 Booth Creek Drive Village 11th FNing. Applicant: Mr. Tuchman. The applications and In1r proposals era available in the office during regular ofilc inspection. Sign language intr upon request with 24•haur nr 479-2114 voice or 478-2356 7 COMMUNI Published in The on November 1 i Public N NOTICE I5 HEREBY Planning and Environmental Town pt Vai! will hold a public f with Secllon 18.66.080 of Iha f Town of Vai4 on November 27 Site Town of Vail MunEipa! Buil of: 1. A request for amendn Vail Municipal Code, Chapters far modiflcaNans 3o the Sign C Commercial Core 1, Comm Supplemental Ragulatlons. Applicant: Town of Vail. Planner. Randy Stouder. 2. A request for a sBtbai far a residence under conslrur fho irvnt setback located at 2E 6, Innsbruck Meadows Subdlvi Applicant: Am. Bros. I represanled by Bob Bome. Planner: Gaorga Rather. 3. A request for an additk of GRFA Fo allow for an add located at 992 Ptarmigan Roar Village 7th Filing: Applkanl: Ray and Mary h Planner: George Rulher, 4. A request for an additk of GRFA for an eddilion to a r 3110 Booth Creak DriveAot 8, 11th Filing. Applicant: Bil# Pierce for [ Hughes and I(endafl Bumay. Planner: Jim Cumutta. 5. A request far an amei 18.39 of fho Vail Municipal Recreation} and an amendme approved development plan redevafapment of Iha Golds located at 485 Vall Valley Dlve, 5th Filing and Tract B, Vall Villa Applicant: Vail Associates, bavld CorbYt. Planner. Jlm Cumulte end 6. A request for an amBr 18.24.050, Permitted and Cont Second Ffvor to allow fora ~ zoning Dada. Applicant: Tawn of Vall. Planner. George Rulher. 7, A request tar an additloi of GRFA to allow for an addil located at 1042 Eagle's Nesl C u^a ~m ^..^ o,,, c.,r_^